New ICE rules point to fewer deportations

U.S. Immigration and Customs Enforcement is preparing to issue new guidelines to agents this week that could sharply curb arrests and deportations, as the Biden administration attempts to assert more control over an agency afforded wide latitude under President Donald Trump, according to internal memos and emails obtained by the Washington Post.

While ICE’s new operational plans are not yet final, interim instructions sent to senior officials point to a major shift in enforcement. Agents will no longer seek to deport immigrants for crimes such as driving under the influence and assault, and will focus instead on national security threats, recent border crossers and people completing prison and jail terms for aggravated felony convictions.

“Generally, these convictions would not include drug based crimes (less serious offenses), simple assault, DUI, money laundering, property crimes, fraud, tax crimes, solicitation, or charges without convictions,” acting director Tae Johnson told senior officials in a Thursday email on how to operate while guidelines are finalized.

The Biden administration is attempting to reorient ICE, a law enforcement agency that has seen its priorities swing wildly from one administration to the next. But frustrated ICE officials say the proposed changes will take away agents’ discretion and severely constrain their ability to arrest and deport criminals.

Agents seeking to arrest fugitives outside of jails and prisons will need prior approval from the agency’s director in Washington justifying the decision while explaining how the enforcement action “constitutes an appropriate allocation of limited resources,” according to a draft memo circulating at the agency.

“They’ve abolished ICE without abolishing ICE,” said one distraught official who spoke on the condition of anonymity because that person was not authorized to speak to the media. “The pendulum swing is so extreme. It literally feels like we’ve gone from the ability to fully enforce our immigration laws to now being told to enforce nothing.”

The draft guidelines are awaiting approval by Department of Homeland Security Secretary Alejandro Mayorkas, who was confirmed Tuesday.

ICE officials say anyone unlawfully in the United States will still be subject to arrest, including people who committed crimes and were released before the memo was issued. Crimes such as sex offenses remain a top priority, they said.